Florida Probate Information

Most cases follow these steps for Florida probate:

• Step 1 In most cases, the person requesting appointment as personal representative (executor or administrator) hires an experienced probate lawyer to prepare and file a petition for probate. In some cases limited cases, the person requesting appointment will handle the probate without hiring a lawyer.
• Step 2 The probate lawyer, or the petitioner without a lawyer, arranges to mail notice to everyone named in the decedent's Will (when there is a Will) and all his or her legal heirs about the death. The notice must also be published in the newspaper where the decedent lived to let creditors know so they can claim against the estate, if appropriate. Notice gives everyone notified an opportunity to object to admitting the Will and to appointment of the personal representative.
• Step 3 The personal representative must identify, take possession of, and manage the probate assets until all debts have been paid and tax returns filed. This process usually takes about six months. Depending on the terms of the Will (if there is a Will), and on the amount of the decedent's debts, the personal representative may have to sell real estate, securities or other property. If there are unpaid debts, the personal representative may have to sell some of the estate property to pay them.
• Step 4 After paying the debts and taxes, the personal representative must file a report with the court. The report accounts for all income received and payments made on behalf of the estate. The judge will then authorize the personal representative to divide the remaining property among the people named in the Will.
• Step 5 The property will be transferred to its new owners.

The Florida probate code is set forth in the Florida statutes sections 733.101 through 735.302 which sets forth the probate rules in detail. See theStateofFlorida.com to view these statutes.

The above outline is a very brief and an even incomplete summary of the probate process but it does give you a picture of some of the duties and powers of a personal representative. It cannot be emphasized enough how important it is to retain a Florida probate attorney to help get you through this process. You will e pleasantly surprised when the process is complete and what a good job you were able to do with proper help and guidance.

It is often asked why assets have to go through probate and why they can't just belong to the person who is entitled to them. It is important to note that no one is entitled to a decedent's property until it goes through the procedure which the State of Florida has set forth to protect not only the decedent's, beneficiaries and valid creditors. It certainly would not be appropriate or fair just to leave all the creditors without any remedy if they are valid and just creditors. The Florida probate procedure protects everyone and must be adhered to for the beneficiaries to get their inheritance free of claims.